Appellate panel hears challenge to Smith convictions over Miranda waiver, premeditation and venue

Allard Lorenzo Smith’s convictions for first-degree murder, attempted first-degree murder, felony murder and aggravated assault were the subject of oral argument before an appellate panel on an appeal that centers on whether Smith’s January statement should have been suppressed and whether the state proved premeditation and an imminent fear for the aggravated assault count.

Raymond Priam Morris, of the Appellate Division of the Public Defender's Conference, representing Smith, told the court that “the trial court erred in refusing to suppress statements made by Mr. Smith” because, he argued, the totality of the circumstances show an “unknowing and unintelligent Miranda waiver.” Morris said two clinical psychologists concluded Smith was impaired by withdrawal from alcohol and Xanax and that some withdrawal effects “would not be apparent based on the mere observation of someone's outward expression.” He emphasized that Smith was placed on suicide watch seven hours before the…